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Home My WebLink About20242182.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Chris Gathman A Site Specific Development Plant and Use by Special Review for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the SE1/4 of Section 11. Township 6 North, Range 65 West of the 6th P.M., Weld County. Colorado. West of and adjacent to County Road 47; approximately 385 feet north of County Road 70. be recommended favorab y to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23 -2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-30 Land Use Goals Section 22-2-10. C. states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on this plan [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility will provide construction jobs initially and energy generation to Weld County. These functions directly support economic prosperity. This Solar Energy Facility. being a power -generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. 22-2-30. C. Harmonize development with surrounding land uses. There are four (4) residences that are less than five hundred (500) feet from the boundaries of the proposed solar facility. The facility will need to be screened by landscaping or an opaque fence or a written waiver will need to be obtained from the adjacent property owners. Once operational, the proposed SEF creates minimum noise, no odor. light or flickering, vibration, vermin, dust, or other nuisarces. The operation of the SEF will not impact the surrounding property's right to quiet enjoyment. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. - Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and unairected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 2 The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural product ion, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses " This code section supports the installation of the subject Solar Energy Facility, which is an energy development The facility will provide power to be utilized by residences, businesses and farming operations in Weld County Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160) acres m the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B " This code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-1-90 of the Weld County Code, a "Solar Energy Facility" means "a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities " The SEF will encumber approximately twenty-seven (27) acres and qualifies as an SEF USR C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The adjacent lands consist of multiple single-family residences and outbuildings There are four (4) single family residences located within 500 -feet of the boundary of the proposed facility An indoor storage facility for vehicles and equipment is located to the immediately to the southeast An oil and gas production facility (oil wells and tank batteries) are located on the property to the north There are seven (7) USRs within one mile of the site SUP 191 — a feedlot for up to 18,400 cattle, AMUSR-1028 — storage vehicles & equipment, AMUSR-100 — a kennel for up to 100 dogs, SUP -379 — a dairy for up to 80 cows, SUP -383 for hog farm, USR18-0057 for a greater than 12 - inch high pressure natural gas line and USR-1189 for a rodeo arena The Weld County Department of Planning Services sent notice to eleven (11) Surrounding Property Owners Planning staff received correspondence from three (3) surrounding property owners The four (4) letters outline concerns with the viewshed, ability to irrigate and maintain vegetation, the importance of establishing vegetation prior to installing the panels, allowing screening for property owners who request it (even if more than 500 -feet away) concerns about damage from hailstorms concerns about impact on wildlife (mainly birds), detracts from the agricultural aesthetics, concerns about glare from the panels impacting local air traffic (as a grass landing strip is nearby), make sure the facility is managed properly vegetated to prevent soil erosion and for weed control The applicant has contracted with a neighboring property owner for weed spraying, ground preparation and seeding The property was seeded spring/summer 2024 The applicant has been negotiating to obtain irrigation water from a neighboring property owner The applicants indicated that they have contacted the remaining two property owners by phone and e-mail They have not received a response since April 2024 The Conditions of Approval require that the applicant submit an Improvements Agreement (for roads and traffic) and a Landscaping/Screening Plan The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 3 The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities The project site is within the 3 -mile referral boundary for the City of Greeley' Weld County does not have a Coordinated Planning Agreement with the City of Greeley The project is approximately 2 5 miles from the City of Greeley municipal limits and is located just outside of the Greeley Long Range Expected Growth Area (LREGA) The City of Greeley stated that they had no comments/concerns in their referral response dated April 3, 2024 E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is located within the A -P (Airport) Overlay District No referral response was received from the Weld -Greeley Airport in regard to this request The site is not located within the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee Program Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 48% of the site consists of low -slope (0-3%) Valent sand and 51% of the site consists of low -slope (0-3%) Vona loamy sand Both soil types are classified as "Farmland of local importance" No Prime Farmland will be removed from production G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by, the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and` responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map Resolution USR24-0010 Sunlight Farm, LLC. c/o Pivot Solar 59, LLC Page 4 A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) The applicant shall acknowledge the referral comments of the Weld County Oil and Gas Energy Department as stated in the referral response dated March 27, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the referral comments of the Colorado Parks and Wildlife as stated in their referral response dated March 28, 2024. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) D. A Decommissioning Plan shall be submitted to and approved by the Department of Planning Services. (Department of Planning Services) E. A Communication Plan shall be submitted to and approved by the Department of Planning Services. (Department of Planning Services) F. A Landscape and Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the Surrounding Property Owners and rights -of- way. (Department of Planning Services) G. Evidence that irrigation water has been obtained shall be provided to the Department of Planning Services-. The applicant shall present evidence to the Department of Planning Services that the applicant is making commercially reasonable and good faith efforts to obtain irrigation water for the site. The applicant shall continue to make commercially reasonable and good faith efforts to obtain irrigation water for the site. (Department of Planning Services) H. The applicant shall submit the interconnection agreement. (Department of Planning Services) I. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0010 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) The map shall be prepared in accordance with Section 23-2-260.D and 23-4-1030.C.3 of the Weld County Code. (Department of Planning Services) 4. Show and label the required setbacks in accordance with Section 23-4-1030.C.3 of the Weld County Code (Department of Planning Services) 5. Show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. (Department of Planning Services) Show and label the required fencing. gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. Include fence and sign specification details on the map. Refer to the Weld County Sign Code, as amended. (Department of Planning Services) 7. Show and label the location of the trash collection areas. if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for Resolution USR24-0010 Sunlight Farm, LLC, do Pivot Solar 59, LLC Page 5 design criteria (Department of Planning Services) 8 The map shall delineate the landscaping and screening in accordance with the approved Landscape and Screening Plan (Department of Planning Services) 9 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable (Department of Planning Services) 10 Show and label all recorded easements and rights -of -way shall be delineated on the map by book and page number or reception number (Department of Planning Services) 11 County Road 47 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the USR map the existing right -of-way (along with its creating documents) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 12 Show and label the proposed access point on County Road 47, the usage types that apply (Residential, Agricultural, Commercial and/or Oil and Gas), and the appropriate access width and turning radii Development Review will review the access location as a part of the USR map submittal (Development Review) 13 Show and label the approved tracking control (Development Review) 14 Show and label the entrance gate, if applicable (Development Review) 15 Show and label drainage flow arrows (Development Review) 16 Show and label the parking and traffic circulation f low arrows showing how the traffic moves around the property (Development Review) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a paper map along with all other documentation required as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The paper map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period (Department of Planning Services) 4 Prior to Construction A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information (Department of Planning Services) B The approved tracking control shall be constructed prior to on -site construction (Development Review) Resolution USR24-0010 Sunlight Farm, LLC, do Pivot Solar 59, LLC Page 6 C A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land (Development Review) D Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks (Development Review) E Right-of-way Use Permits shall be acquired from the Department of Public Works before installation and/or construction of any aboveground or buried features in or crossing Weld County rights -of -way (Development Review) 5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) Motion seconded by Michael Biwer VOTE For Passage Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Cindy Beemer Against Passage Absent Pamela Edens The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 6, 2024 Dated the 6'h of August, 2024 Kristine Ranslem Secretary Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sunlight Farm, LLC USR24-0010 1 A Site Specific Development Plan No USR24-0010, Use by Special Use Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The Use by Special Review Permit shall be valid for three (3) years from the date of approval If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval (Department of Planning Services) 4 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services 5 The facility is unmanned and will operate year-round, according to the application materials Limited maintenance personnel may visit the site once operational (Department of Planning Services) 6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of Planning Services) 7 Glare A SEF shall be designed, located, or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030 C 2 of the Weld County Code, as amended (Department of Planning Services) 8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4- 1030 C 3 of the Weld County Code, as amended (Department of Planning Services) 9 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 10 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) per Section 23-4- 1030 C 5 of the Weld County Code, as amended (Department of Planning Services) 11 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere to the adopted Weld County Sign Code, as amended (Department of Planning Services) Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 8 12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended (Department of Planning Services) 13 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning Services, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of Planning Services) 14 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23 -4- 1030 C 9 of the Weld County Code, as amended (Department of Planning Services) 15 The site shall adhere to the accepted Decommissioning and Reclamation Plan Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation (Department of Planning Services) 16 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of Planning Services) 17 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code (Department of Planning Services) 18 The existing and proposed landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan Required landscaping and screening shall be installed within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs sooner Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time (Department of Planning Services) 19 The Property Owner shall maintain compliance with the Communication Plan (Department of Planning Services) 20 This site is located within the Airport Overlay District (Department of Planning Services) 21 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 22 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 23 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 24 Any work that may occupy and or encroach upon any County rights -of-way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction (Development Review) 26 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 9 27 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 28 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and Environment) 29 During construction, no permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment) 30 During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 31 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 32 During construction, adequate toilet facilities and handwashing units shall be provided Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed (Department of Public Health and Environment) 33 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 34 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 35 Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various cod es adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 36 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs 37 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) Resolution USR24-0010 Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Page 10 38 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended 39 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations (Department of Planning Services) 40 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services (Department of Planning Services) 41 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners (Department of Planning Services) 42 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated 43 A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 44 In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten (10) days prior to the hearing If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated Summary of the Weld County Planning Commission Meeting Tuesday, August 6. 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair Butch White, at 1:30 p.m. Roll Call Present: Butch White, Michael Wailes. Michael Palizzi, Virginia Guderjahn, Barney Hammond. Michael Biwer, Cindy Beemer. Absent: Pamela Edens. Also Present: Chris Gathman and Diana Aungst, Department of Planning Services, Karin McDougal, County Attorney. and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0010 Sunlight Farm. LLC. c/o Pivot Solar 59, LLC Chris Gathman A Site Specific Development Plant and Use by Special Review for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the SE1/4 of Section 11. Township 6 North, Range 65 West of the 6th P.M., Weld County. Colorado. West of and adjacent to County Road 47: approximately 385 feet north of County Road 70. Chris Gathman, Planning Services, presented Case USR24-0010. reading the recommendation and comments into the record. Mr. Gathman stated that four (4) letters of opposition were received from surrounding property owners. The letters outlined concern with a view shed, the ability to irrigate and maintain vegetation, importance of establishing vegetation prior to installing the panels, allowing screening for property owners who are request it even if it's more than 500 feet away, damage from hail storms. impact on wildlife. detracts from the agricultural aesthetics, glare concerns from panels impacting local air traffic, and want to make sure the facility is property vegetated to prevent soil erosion and/or weed control. Mr. Gathman noted that the applicant has been corresponding with surrounding property owners in response to the letters. Mr. Gathman stated that the applicant has requested to amend Condition 1.G to read "The applicant shall present evidence to the Department of Planning Services that the applicant is making commercially reasonable and good faith efforts to obtain irrigation water for the site. The applicant shall continue to make commercially reasonab e and good faith efforts to obtain irrigation water for the site". He added that the applicant provided an email on Monday, August 5th that they are continuing to work with and obtain water for the site and the intention is to have an agreement finalized prior to the County Commission Hearing on August 21St Mr. Gathman provided Environmental Health's review of the public water and sanitary sewer requirements, on -site dust control and the waste handling plan. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Kyle Sundman, Pivot Solar Energy, 1601 Wewatta Street, Denver, Colorado, stated that they are proposing a 5 -megawatt project with construction to last over three to four months. Expected life of the facility is 20 to 40 years. The site is a dry, unirrigated parcel; however, they are working with one of the neighbors to acquire water to bring to the site. 1 The community meeting in December had 16 attendees and they received one (1) letter of support, one (1) neutral letter and two (2) letters in opposition The main concern was visual impacts, therefore they have made an offer to anyone within buffer zone to screen with an opaque fence or landscaping The noise from the inverter is similar to a residential air conditioning unit Therefore the inverters are as far away as possible from the residences Mr Sundman said that they are proposing drip irrigation on site and grow grass or crops Matthew Eifert, 34101 CR 47, stated that his parents own the farm and over the years they grew alfalfa, sorghum, corn for their livestock and vegetables for their table Over the years, farming the land grew more difficult due to the lack of water provided from the farms two shares, which eventually they had to sell In recent years the land has stood vacant due to the lack of water and resources to sufficiently care for it Mr Eifert said that Pivot Energy has provided an opportunity to rehabilitate this land and ensure proper care and management for the foreseeable future Out of good faith, Pivot Energy has already demonstrated their commitment to improving their land by investing in weed mitigation and grass seeding opportunities conducted by their neighbor, Brad Moos With the ongoing challenges to keep up with the bills and help his mom continue making payments to keep the farm in their family, they believe working with Pivot Energy for the solar farm is their best choice Along with the financial benefit to their family, they believe the land improvement and water that Pivot Energy is working to bring to the property will benefit the community and future generations Commissioner Beemer referred to the temperature monitoring that the applicant mentioned and stated that in the application packet there was a Heat Island Report and asked the applicant to elaborate more on the monitonng that is done in comparison to what adjacent vacant land would have and what the purpose of that Heat Island Report is Mr Sundman said the Heat Island Report was provided to a neighbor who had expressed that concern He added that the solar panels do not cause a heat island Commissioner Hammond asked to identify the plugged oil and gas well, as well as the access to it, on the on the proposed site plan Commissioner Beemer referred to Development Standard 7 in the Staff Report regarding glare and asked how that will be addressed with the adjacent property having flights in and out of it Mr Sundman said that they use the industry standard glare analysis tool and put observation points on all railways and adjacent properties and run a glare study which shows the orientation of the panels as it relates to the sun and determines where there are glare impacts He added in this case, the study showed that there are no impacts The Chair asked if there was anyone in the audience who wished to speak for or against this application Brian Hamilton, 22645 CR 70, stated that their land is adjunct to the site and added that they have plans to build a house He said that the plans they have will look directly at the solar facility Mr Hamilton said that Pivot Energy has been in communication with them, but there is no agreement in place as to what they are going to take care as far as vegetation and some type of barrier to mitigate some of the visual impacts Mr Hamilton expressed concern that won't have their agreement finalized if this proceeds forward with approval from the county commissioners Brad Moos, 22639 CR 70, stated that this project was first proposed they were adamantly opposed to it because of the fear of the unknown He commended Pivot Energy with their continued communication and added that he is currently in negotiations with them to help with their vision for the property Mr Moos said that the general concept is that in order for the project to be successful has to be successful for both parties and feels that Pivot Energy has done a good job of addressing any concerns Commissioner Palizzi asked if they are proposing to get water from him Mr Moos replied yes and added that they are in negotiations of using his irrigation water The applicant had no further comments 2 The Chair asked Staff for changes to the Resolution Mr Gathman stated that the applicant is requesting an amendment to Condition of Approval 1 G He added that the applicant is in ongoing negotiations to obtain water so it has been modified that the condition is that they have to actively pursue obtaining water Motion Amend Condition of Approval 1 G, Moved by Michael Wailes, Seconded by Barney Hammond Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion. Forward Case USR24-0010 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Biwer Vote Motion carried by unanimous roll call vote (summary Yes = 7) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wades, Virginia Guderjahn Meeting adjourned at 3 37 p m Respectfully submitted, 45V-461,1 Alli4b-IPt. Kristine Ranslem Secretary 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 41144 11 D Antler5g14 n clPrsoit� R 4,145,0,, 3?O57 cg q 2 (a/oil Cn 8D to /7ot 4--bnuckA ILoct: , I � VleiA� t 1 r z nL.) 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C1.44 D �0(a21 Summary of the Weld County Planning Commission Meeting Tuesday, July 2, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair Elijah Hatch, at 1 30 p m Roll Call Present Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Michael Biwer Absent Virginia Guderjahn, Barney Hammond Also Present Chris Gathman, Department of Planning Services, Matthew Conroy, County Attorney, and Kris Ranslem, Secretary Case Number USR24-0010 Applicant Sunlight Farm, LLC, c/o Pivot Solar 59, LLC Planner Chris Gathman Request A Site Specific Development Plant and Use by Special Review for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District, outside of subdivisions and historic townsites in the A (Agricultural) Zone District Legal Description Part of the SE1/4 of Section 11, Township 6 North, Range 65 West of the 6th P M , Weld County, Colorado Location West of and adjacent to County Road 47, approximately 385 feet north of County Road 70 Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the August 6. Planning Commission hearing to allow for more time to work on water and irrigation issues The Department of Planning Services supports this request The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this request No one wished to speak Motion Continue USR24-0010 to the August 6. Planning Commission Hearing, Moved by Butch White, Seconded by Pamela Edens Vote Motion carried by unanimous roll call vote (summary Yes = 7) Yes Butch White, Elijah Hatch, Michael Biwer, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland Meeting adjourned at 1 35 p m Respectfully submitted, 45\ibbnt� fi n, Kristine Ranslem Secretary Hello